Pollock v. Pollock

4 Citing cases

  1. Ganzer v. Pfab

    360 N.W.2d 754 (Iowa 1985)   Cited 5 times

    After that time plaintiff may terminate defendant's tenancy, although if no notice of termination was given on or before the preceding September 1, section 562.6 will again operate to extend the tenancy. See Pollock v. Pollock, 247 Iowa 20, 25, 72 N.W.2d 483, 486-87 (1955). The vendor will be entitled to all rent payments that become due after the date of the real estate contract forfeiture.

  2. Read v. Estate of Mincks

    176 N.W.2d 192 (Iowa 1970)   Cited 9 times
    In Read v. Estate of Mincks, 176 N.W.2d 192, 193-94 (1970), we considered the effect of section 562.6 where the farm tenant had died a few weeks after the statutory date for notice of termination of tenancy had passed without his landlord's having given such notice.

    (Emphasis supplied). See also Ballenger v. Kahl, 247 Iowa 721, 726, 76 N.W.2d 196; Pollock v. Pollock, 247 Iowa 20, 22-25, 72 N.W.2d 483; Wernet v. Jurgensen, supra; and 26 Iowa L.Rev. 76, 81-82. V. Mindful of the foregoing we now conclude, (1) plaintiffs' failure to give the statutory November 1st notice served to extend the existing leasehold rights held by Everet H. Mincks for the 1969 crop year, terminable March 1, 1970, and (2) on his death such leasehold rights vested in the legal representative of decedent's estate.

  3. Davenport Bank Trust Co. v. Krenz

    130 N.W.2d 698 (Iowa 1964)   Cited 3 times

    The foregoing is applicable here. If it might reasonably be thought the first letter was in explanation of the results of the conferences as understood by plaintiff's attorney, certainly this cannot be said for the second one, mailed after it is contended defendants discussed fences in light of their moving on March 1, 1964. Rather it seems to indicate plaintiff was acting as a result of defendants' statement to her and her farm manager that their lease did not expire until March 1, 1965, and not relying on any prior conduct or statements. [3] In Pollock v. Pollock, 247 Iowa 20, 72 N.W.2d 483, we point out holdover farm tenancies as well as those under an original lease are to be terminated by notice under section 562.6. The decree of the trial court is — Affirmed.

  4. Richards v. Bockes

    No. 1-155 / 99-2053 (Iowa Ct. App. Jun. 13, 2001)

    However, the tenancy shall not continue because of absence of notice if there is default in the performance of the existing rental agreement. Holdover tenancies as well as those under an original lease are subject to the same requirements. Ganzer v. Pfab, 360 N.W.2d 754, 756 (Iowa 1985); Davenport Bank Trust Co. v. Krenz, 256 Iowa 1171, 1176, 130 N.W.2d 698, 700 (1964); Pollock v. Pollock, 247 Iowa 20, 25, 72 N.W.2d 483, 486-87 (1955). Service of the required notice is excused if the tenant fails to timely pay rent. Riggs v. Meka, 236 Iowa 118, 123, 17 N.W.2d 101, 104 (1945).